Standalone

I filed for divorce and moved to a new place all between Dec 30 2009 and Jan 4th of this year. I have a conditional green card and I am wondering how do I handle tax returns for 2009. Do we file separately or jointly? We are still in very good terms. When my divorce is final I am going to file I-751 wavier. How does filing jointly or separately affect the evidence I am submitting with the form?

Thank you

I agree

Here is my situation:

1. Met my wife in January and got married on August 30th 2008.

2. Got a conditional green card in May 2009

3. Filed for divorce in December 2009

4. Moved out three days ago.

I have a proof of bona fide marriage:

tax returns

bank and credit card accounts

pictures

insurance

car titles

two leases

trip tickets visiting my family in my home country

letters to each other

utilities bills

affidavits from friends and family including my wife

and more stuff

I am thinking about filing now and not wait until I get a divorce decree? What do you think?

The OP asked a specific immigration related question. Please keep personal opinions to yourself.

Do you have anything useful to contribute to guide the OP? Or this is all you got. Well, a few of us like Jim, Len and others are trying to guide the OP of positive consequences after he files a waiver. Do not patronize when you have nothing of help to this thread. We don't need a moderator, the current are doing a good job. That said, with all due respect, if there is something far from the standards of this board, I ask the mods to cancel my posts if necessary.

standalone: the USCIS doesn't care about who triggered the divorce, all they need is good faith evidence and a legit divorce to remove conditions. So, you should be ok. Do not fret or get discouraged.

3600rs,

Thank you very much! You're the most helpful person I ever seen on this forum.

Does it matter to the USCIS who files for divorce when it comes to removing of conditions? Is it true that if the conditional green card holder initiates divorce, he won't be able to lift the conditions. Please advise.

Thanks

You came here for Love RIGHT!! It didnt work out just go home.....

Mr. Useless,

If you don't have an answer, please don't waste other people's time to read your post.

Does it matter to the USCIS who files for divorce when it comes to removing of conditions? Is it true that if the conditional green card holder initiates divorce, he won't be able to lift the conditions. Please advise.

Thanks

I have "hear" (so don't take that for granted) that if the conditional green card holder initiates the divorce this means that he is at fault and may bring trouble to him/herself. Are you the one who is filing? or your US spouse?

Experienced people, please advice.

Thank you.

By doing this, she may create some difficulties for you. Do you have your green card already? I assume you're talking about the conditional green card. If you have strong evidence of good faith marriage, you should be fine. However, divorcing right after you get your green card raises a red flag.

Work on marriage and try to save it. Did you go to counseling?

I was cited for crossing double white lines on the freeway. I am preparing to remove conditions off a green card based on good faith marriage, does the ticket affect the removing of conditions? Should I fight it in court?

File for divorce or wait until she files. Then file to remove conditions based on good faith marriage. Make sure you have the divorce decree. I have never hear of a single case that got denied for those who filed based on good faith marriage. Good Luck.

I did extensive research trying to educate myself about I-751 waiver based on good faith marriages but never heard of any that got denied and resulted in deportation. They take a long time to approve, right? Have you heard of any? or what do you think?

While someone have a conditional green card for about a year and the marriage is falling apart, does it matter to the USCIS who files for divorce? I mean is it bad if the GC holder files? What's the best advice you can give to someone who is a conditional GC holder and his marriage is simply incurable?

Thank you.

I believe you have to choose either or. It is a decision only you can make, really. But whichever you decide, we will be here for you.

Actually, according to the info on the USCIS, you have to prove "both".

One, that your a victim of abuse, and Two, that the marriage was entered in good faith.

Source

What if she proves one and fails to prove the other?

With what you have not thinking the Diary is needed

I am sorry I don't understand what you mean here.

I do not think the length of marriage would matter, as you already have a CGC. I have seen someone approved for removal of conditions (a Brit) with a short marriage, may be even less than 1 year.

I would only be concerned about what came first - AOS approval or filing for divorce. I am not well familiar with AOS, but isn't there a rule that AOS can only be granted if marriage was viable at the time?...

Thank you. Yes AOS was approved and conditional green car received. After conditional green car received and had it for 4 months divorce process started. We are in a state that uncontested divorce can be granted in 3 months. The three months could be waived by the judge if the couple attended marriage class.

Oh, and I forgot, I have my diary for the past several months, I wrote in it every single day. Never missed one. It talks about both of us, things we did, things we liked, things we didn't like about each other, activities we did, and more stuff. Should I include it? I know it is very very personal to me, but do you think it would help as a secondary evidence that we lived together and did stuff as a team?

Thank you.

Thank you all for your answers. Does it matter for how long we were married?

Hard to tell... depends on documents...

It takes some time to get a divorce. Usually, more than 5 months. So, if petition to divorce was filed prior to getting a conditional GC, I predict a problem...

How would the USCIS view someone who was married for 14 months and have the conditional 5 months and now divorced? Marriage failed after trying all possible resolutions, marriage entered in good faith. There are documents to prove that.

Here are the documents:

Ownership of two cars

Health inssurance

Dental inssurance

Accident inssurance

car insurance

joint bank accounts

joint credit cards

joint saving accounts

joint lease for two years

over 1000 pictures most of them include family activities

over 40 short videos

several letters address to both of us

joint club memberships

401ks for both of us

love letters

avidavit from friends, family, and spouse

tickets overseas to visit family

published book dedicated to wife

joint bills

proof that we attended marriage therapy/counseling extensively

joint comcast bills

joint utilities

letter explaining what happened to marriage

and I am sure there are more stuff.

All of this have our names on it or one of us is the beneficiary.

Petition for divorce was done by the USC after green car received.

What do you think the list?

How would the USCIS view someone who was married for 14 months and have the conditional 5 months and now divorced? Marriage failed after trying all possible resolutions, marriage entered in good faith. There are documents to prove that.